The
Supreme Court has prescribed that the President should decide on bills sent for
consideration by governors within a timeframe of three months.
"We
prescribe that the President is required to take a decision on the bills
reserved for his consideration by the governor within a period of three months
from the date on which such reference is received," the bench comprising
Justices JB Pardiwala and R Mahadevan stated in the order made public on Friday.
The
apex court added that any delay beyond three months must be backed by valid
reasons, which must be documented and communicated to the concerned state.
The
ruling came as the apex court set aside Tamil Nadu Governor RN Ravi’s decision
to reserve 10 bills for consideration of the President in November 2023 after
they had already been reconsidered by the state Assembly.
The
bench observed that the President's actions under Article 201 of the
Constitution are subject to judicial review, reinforcing that even the highest
constitutional authorities are accountable.
Under
Article 201, a state governor may reserve a bill for the President’s
consideration. However, the Constitution does not specify a timeframe for the
President to act, a loophole that the court has now decisively closed, the
report stated.
Rejecting
the concept of indefinite inaction, the court declared that the President
cannot exercise a “pocket veto.”
"The
position of law is settled that even where no time limit is prescribed for the
exercise of any power under a statute, it should be exercised within a
reasonable time. The exercise of powers by the President under Article 201
cannot be said to be immune to this general principle of law,” it noted.